7.  The applicant was born in 1956 and lives in Sofia. He had a previous criminal record, had been convicted for theft in 1975, 1978, 1982 and 1987 and had served out the respective sentences.
8.  On 5 July 1993 the applicant was arrested. On the next day, 6 July 1993, he was charged with two robberies of items worth approximately 47,000 old Bulgarian levs [BGL: approximately 2,974 German marks (DEM) at the relevant time]. Two other persons were also arrested and charged as his accomplices.
9.  Between 6 July and 28 December 1993 the investigator in charge of the preliminary investigation conducted sixteen questionings of witnesses and two confrontations between witnesses whose testimonies were contradictory. On 27 July 1993 an analysis of the applicant’s handwriting was conducted. On 2 August 1993 a psychiatric evaluation of one of the alleged accomplices was performed. On 12 August 1993 a valuator’s expert opinion was requested, which was received on 6 September 1993. The applicant was questioned on 6 and 8 July 1993 and then again on 22 October 1993 when he gave detailed testimony and confessed to the two robberies.
10.  On 8 December 1993 the applicant was released on bail.
11.  On 4 and 5 January 1994 the applicant was questioned, the charges against him and his alleged accomplices were amended and the results of the preliminary investigation were presented to them. The case file was then transferred to the Sofia City Prosecutor’s Office.
12.  On 8 March 1994 the applicant was apprehended at the scene of another robbery and was arrested. On the same day, a preliminary investigation into this robbery was opened against the applicant and two other persons.
13.  On 9 March 1994 the applicant was charged with the robbery of the previous day in respect of items valued at BGL 23,400 (approximately DEM 944 at the relevant time). The applicant was questioned and denied any involvement in the robbery. When questioned, the applicant’s alleged accomplices confessed to the robbery.
14.  Between 8 and 18 March 1994 an examination of the crime scene was performed, various items were seized, each suspect was questioned twice and four witnesses were interrogated.
15.  On 25 and 29 March 1994 the results of the preliminary investigation were presented to the applicant and his alleged accomplices. The case file was then transferred to the Sofia City Prosecutor’s Office.
16.  On 13 May 1994 the Sofia City Prosecutor’s Office joined the two preliminary investigations against the applicant and his alleged accomplices. The case was then remitted to the investigation stage.
17.  On 29 July 1994 the results of the preliminary investigation were presented to the applicant and his alleged accomplices. The case file was then transferred to the Sofia City Prosecutor’s Office.
18.  Between 31 August 1994 and 28 February 1996 Sofia City Prosecutor’s Office remitted the case to the investigation stage on five separate occasions due to various deficiencies in the preliminary investigation and for non-compliance with its instructions. On several occasions during this period the applicant and his alleged accomplices were questioned and the charges against them were amended.
19.  On 23 September 1996 the Sofia City Prosecutor’s Office filed an indictment against the applicant and his two accomplices for the continuing criminal offence of robbery, stemming from the three robberies, in respect of items valued at BGL 228,015 (approximately DEM 1,477 at the relevant time).
20.  On 15 October 1996 the judge-rapporteur of the Sofia City Court scheduled hearings for 25 and 26 February 1997.
21.  The Sofia City Court’s hearings of 25 February 1997, 12 June 1997, 16 December 1997 and 16 March 1998 were adjourned due to non-attendance of various persons – on two occasions the applicant’s attorney, once the attorney of one of his alleged accomplices and once a victim to the robberies, who had been improperly summoned. In the last case, the adjournment was requested by the prosecutor in order to allow that party to file a civil claim for damages, if he so desired.
22.  At a hearing on 30 June 1998 the Sofia City Court discontinued the proceedings and remitted the case to the Prosecutor’s Office for further investigation. It found that (a) the indictment was incomplete in terms of the technical means used by the accused persons to perpetrate the offences; (b) there were inconsistencies between the indictment and the charges brought against the applicant in respect of the dates and the alleged victims of the robberies, the value of the stolen items and the legal classification of the offences; and (c) the indictment was incomplete in respect of the involvement of one of the alleged accomplices against whom the criminal proceedings had been terminated.
23.  Between 13 July 1998 and 22 June 1999 the Sofia City Prosecutor’s Office remitted the case to the investigation stage on two separate occasions and demanded that the instructions of the court be fulfilled. During this period the applicant and his alleged accomplices were again questioned, the charges against them were amended and the results of the preliminary investigation were presented to them before the case file was sent back to the Sofia City Prosecutor’s Office.
24.  On 1 September 1999 the Sofia City Prosecutor’s Office partially terminated the criminal proceedings against the applicant as a result of a reclassification of the charges against him. Rather than treating the three robberies as one continuing criminal offence of robbery it considered that they should be treated as three separate offences. The case file was then sent to the Sofia District Prosecutor’s Office with instructions for the latter to enter three separate indictments against the accused in respect of each of the robberies.
25.  The subsequent development of the criminal proceedings is unclear and no further information in respect of them has been provided by the parties following the applicant’s initial complaint of 17 February 2000. As of the date of the said letter, the criminal proceedings against the applicant were still pending at the investigation stage.
26.  On 5 July 1993, under an order of an investigator, approved by a prosecutor on the next day, the applicant was arrested for a period of twenty-four hours.
27.  On 6 July 1993, under an order issued by an investigator and approved by the Prosecutor’s Office, the applicant was remanded in custody without specific facts or evidence being cited to justify it.
28.  On an unspecified date the applicant appealed against his detention. On 30 July 1993 the Sofia City Prosecutor’s Office dismissed his appeal on the grounds that, inter alia, the applicant did not have a permanent address and might abscond. Upon further appeal, on 1 December 1993 the Chief Prosecutor’s Office dismissed the applicant’s appeal on similar grounds.
29.  In the meantime, the health of the applicant deteriorated and on an unspecified date he filed another appeal against his detention on medical grounds. By decision of the Sofia City Prosecutor’s Office of 25 November 1993 the applicant was granted bail in the amount of BGL 10,000 (approximately DEM 545 at the relevant time). After the amount was deposited by friends of the applicant he was released on 8 December 1993.
30.  On 8 March 1994, under an order of an investigator, approved by a prosecutor on the next day, the applicant was arrested for a period of twenty-four hours.
31.  On 9 March 1994, under an order issued by an investigator and approved by the Prosecutor’s Office, the applicant was remanded in custody on the basis of, inter alia, that he did not have a permanent address and might abscond.
32.  Between 13 May 1994 and 22 July 1998 the detention of the applicant was extended ten times by the Prosecutor’s Office and, on one occasion on 15 October 1996, by a judge-rapporteur. The decisions to extend the applicant’s detention either lacked any reasoning or were based on his alleged lack of a permanent address
33.  On 22 July 1998 the applicant appealed against his detention. The appeal was heard by the Sofia City Court on 3 August 1998. The court found in favour of the applicant and granted him bail in the amount of BGL 500,000 (DEM 500 at the relevant time). In setting the amount, the court did not seek nor collect any evidence in respect of the applicant’s assets and his ability to provide recognizance.
34.  Thereafter, the applicant was not released because he did not deposit the bail.
(b)  Detention following the decision to release the applicant on bail
35.  On 12 November 1998 the applicant filed another appeal against his detention with the Sofia City Court. He argued that his remand in custody was in effect continuing because of the inappropriate amount of the bail set by the court on 3 August 1998. The applicant sought a reduction of the bail to an amount corresponding to his financial ability to pay it.
36.  On 27 November 1998 a judge-rapporteur with the Sofia City Court rejected the appeal. He found that the procedure for appeal against a detention could not be utilised by the applicant to seek a reduction of his bail. He considered that the applicant was no longer remanded in custody, because he had been granted bail, and that he was in detention on the basis of a different legal provision, which provided for release only after the bail has been deposited. The judge-rapporteur argued that it was up to the Prosecutor’s Office to rule on the applicant’s request for a reduction of the bail.
37.  On an unspecified date the applicant filed a request with the Prosecutor’s Office to have the amount of the bail reduced. By decision of 3 December 1998 the Sofia District Prosecutor’s Office reduced the bail to BGL 50,000 (DEM 50 at the relevant time).
38.  On 23 December 1998 the decision was sent to the warden of the Sofia Prison for execution. The applicant deposited the bail, but was not released immediately, because of a misunderstanding stemming from the joining of the preliminary investigations on 13 May 1994 as it was not clear under which case he was being held.
39.  On 8 January 1999 the Sofia City Prosecutor quashed the decision of 3 December 1998 for lowering the applicant’s bail. He found that the Prosecutor’s Office did not have the power to amend the amount of the bail as it had been set by the courts. Upon appeal, the decision of 8 January 1999 was upheld by the Sofia Appellate Prosecutor’s Office on 19 May 1999.
40.  On an unspecified date the applicant filed a new appeal with the Sofia City Court, which on 28 April 1999 was again rejected. The court found that its decision of 3 August 1998 was not subject to appeal and that the Prosecutor’s Office did not have the power to amend the amount of the applicant’s bail. In its decision, the court stated that
“there [is] no instance, which [could] quash or amend [its previous] decision”.
(c)  The applicant’s release
41.  On 12 August 1999 the applicant filed another appeal against his detention with the Sofia City Court. He argued that he was still remanded in custody and that he should be released because the two-year statutory maximum period of pre-trial detention had expired.
42.  The applicant’s appeal was heard by the Sofia City Court on 24 August 1999. The court found in favour of the applicant, ordered his release and imposed a restriction on him not to leave his place of residence without the authorisation of the Prosecutor’s Office. Following the decision of the court the applicant was released.